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Scottsdale ruling: No campaign violation in mailers

There is no reasonable cause to to believe that a non-profit group, Scottsdale Strong, violated Arizona's campaign finance laws when it sent out mailers promoting the city's downtown industry, Scottsdale's city clerk has found.

Scottsdale ruling: No campaign violation in mailers

The front of a political mailer from Scottsdale Strong.(Photo: The Republic)

Story Highlights

An attorney representing Scottsdale Strong said the mailers do not "expressly advocate" for candidates in the election

The mailers encourage recipients to call Mayor Jim Lane and council members Dennis Robbins, Linda Milhaven, Virginia Korte and Suzanne Klapp to "tell them that you appreciate their support of downtown Scottsdale."

A non-profit group called Scottsdale Strong did not violate Arizona's campaign-finance laws when it circulated mailers promoting the city's downtown industry, Scottsdale's city clerk has found.

City Clerk Carolyn Jagger said in a finding Friday there is no reasonable cause that a violation occurred and no further action is required in the campaign-finance complaint filed by Scottsdale resident Sandy Schenkat on July 17.

Under law, groups must register as political committees before sending out mailers or other communications that support or oppose candidates in an election.

An attorney representing Scottsdale Strong said the mailers do not "expressly advocate" for candidates.

Therefore, the mailers are not subject to regulations under Arizona law, said Timothy La Sota, an attorney for Tiffany & Bosco, which represents Scottsdale Strong.

Communications "expressly advocate" when they appeal to voters to vote for or against a specific candidate, according to a legal test enunciated by the United States Supreme Court, La Sota said in a July 23 response to Schenkat's complaint.

La Sota said the mailers advocate economic development, but not specific candidates.

The mailer mentions incumbents Linda Milhaven and Dennis Robbins, who both are seeking re-election in the Aug. 26 primary. Six other candidates also are in the race.

The three other council members mentioned in the mailer are not up for re-election, La Sota said.

Despite the ruling, Schenkat maintained the mailer clearly was political.

"There is so much money behind Scottsdale Strong that it would be a waste for me to try to beat these folks at the dirty political game they are playing," Schenkat said. "I think enough damage has been done with the complaint ... that hopefully they will not try any more of these deceitful types of mailers again."

The mailer, which is two-sided, says at the top that "Scottsdale needs leadership that values job creation and economic growth."

It continues on to say the city's downtown entertainment and restaurant industry is a major employment center that provides nearly 4,000 jobs and more than $3 million in sales-tax revenue to Scottsdale.

The piece claims that a "small but very vocal minority in Scottsdale" wants to revert the downtown "to the way it was in the recent past — sleepy, underdeveloped and without an identity."

The second side of the mailer includes the name Scottsdale Strong Inc. and encourages recipients to call Mayor Jim Lane and Council members Robbins, Milhaven, Virginia Korte and Suzanne Klapp to "tell them that you appreciate their support of downtown Scottsdale."